Little Falls transcript. [volume] (Little Falls, Morrison County, Minn.) 1876-1894, 1887-03-25

material furnished q second lien on all prop
erGy.
Be il enacted by the Legislature Of the State Of
Mihnesota:
SECTION /. That on and after the passage of
this act all la Dor performed by contract by
day on any building article or utility or that has
entered into the construction of anything shall
be first lien thereon to the full amount of the
money or other consideration agreed upon be-
tween the owner or employer and employc,
whether the person performing the labor be /
contractor, subcontractOr or working for wages:
and in addition to the lien for labor there shall
be added thereto a sum to cover costs anu
reasonable amount for an attorneys fee.
SEC g All material furnished in the con-
strnct1on or building or in aid thereof Of any
building article or utility or anything what
ever. shall be second lien thereon, whether it
be real estate, homestead personal property or
otherwise, to the full amount of money or other
consideration agreed upon and all costs and al
attorneys tee not exceeding ten dollars ISL o.,
in the discretion OF the court; Provided, that
any person wishing to file a lien under the pro-
visions OF this act having furnished both Labor
aud material shall specify the amount of labor
and material as separate items in one statement.
but the amount for material shall not be paid
until all claims for labor are satisfied
SEC J. ANY contractor or subcOntractor re.
ceiving the full amount of the money or other
consideration due on his contract and fail
or furnishing any material expended used
in the construction OF any building ar
ticle or utility, thereby allowing lien to be filed
against such property shall be deemed guilty OF
obtaining money under false presenses. and may
bc punished under the statute made and pro-
vided for that otfense.
this act must be filed in the office of the register
OF deeds OF the county where such labor was per-
formed and material furnished within ninety
900 days from the last day on which sny labor
was performed or material furnished, by leaving
with the register OF deeds Il statement Of tho
amount Of labor performed and material fur
Of such ng bS 1 an m
book kept for the purpose, Of the date OF filing
and amount Of claim, and shall place the state
lnent on file: ANY OF the parties interested shall
have the right to examine the statement on file.
The parties filing lien shall also serve copy
OF such lien on The owner ,r agent Of the prop
of ownership in the office OF the register OF deeds
shall be satisfactory evidence Of ownership.
Sec S. The fact that the person performing
labor or furnishing material was not eniofned by
law from performing labor or furnishing mate
rial, by the person in whom the title was vested
at the time such labor was performed or nate
rial furnished shall be conclusive evidence that
it was with and by the consent Of the owner
that such labor was performed and material
furnished.
SEC 6. Any person filing lien shall bring
suit for recovery within tour "a months after
SEC. z. Any justice shall have jurisdiction OF
any claim Of one hundred dollars 5000 and un-
der for the foreclosure OF liens on personal prop
erty.
SEC. 8. The court granting Judgment under
this act shall Immediately order the sheriff to
publish notice of sale Of the property on which
the lien was filed. The notice shalt be published
for three f3) consecutive weeks in newspaper
published in the county where thu lien was filed.
and II there liz no newspaper then by posting
and three 80 other places IN the county for the
same length Of time. Thirty 800 days after the
first publishing or posting such notice the
court house to the highest bidder sufficient
quantity OF the property to satissytall Claims.
and the sheriff shall give deed where the props